TECHNICAL EDUCATION QUALITY IMPROVEMENT PROGRAMME OF

TECHNICAL EDUCATION
QUALITY IMPROVEMENT PROGRAMME
OF
MINISTRY OF HUMAN RESOURCE DEPARTMENT
GOVERNMENT OF INDIA
PROCUREMENT MANUAL
PROJECT TEQIP – II
December 2009
The contents of this document are subjected to change
ABBREVIATIONS
AMC
BOQ
BOG
CIP
CN
COE
CPWD
CSS
CVC
CW
DEA
DGS & D
DC
EMD
GoI
GPN
IBRD
IDA
IDP
ICB
IFB
IPMU
INR
ITB
ITC
LIB
LOI
LCB
LPP
LR
MHRD
MOU
NGO
NCB
NPD
NPIU
NS
PIP
QCBS
RC
RR
SPFU
TEC
TOR
UC
UNDB
UT
WBR No
Annual Maintenance Contract
Bill of Quantities
Board of Governors
Concise Institutional Plan
Consignment Note
Center of Excellence
Central Public Works Department
Centrally Sponsored Scheme
Central Vigilance Commission
Civil Works
Department of Economic Affairs
Director General of Supplies & Disposals
Direct Contracting/ Delivery Challan
Earnest Money deposit/ Bid Security
Government of India
General Procurement Notice
International Bank for Rehabilitation and Development
International Development Association
Institutional Development Plan
International Competitive Bidding
Invitation For Bid
Institution Project Monitoring Unit
Indian National Rupee
Instructions to Bidders
Instructions to Consultants
Limited International Bidding
Letter of Invitation/ Letter of Intent
Local Competitive Bidding
Last Purchase Price
Lorry Receipt/ Learning Resources
Ministry of Human Resource Development
Memorandum of Understanding
Non Governmental Organization
National Competitive Bidding
National Project Director
National Project Implementation Unit
National Shopping
Project Implementation Plan
Quality and Cost Based Selection
Rate Contract
Railway Receipt
State Project Facilitation Unit
Technical Evaluation Committee
Terms of Reference
Utilization Certificate
United Nation’ Business Development
Union Territory
World Bank Reference Number
1
CONTENTS
ITEMS
DESCRPTION
PAGE NO.
Preface ...................................................................................................... 3
Chapter 1
Project TEQIP II .......................................................................................... 4
Chapter 2
Procurement Policy & Value Thresholds ................................................... 5 ‐ 9
Chapter 3
Procurement of Goods and Civil Works …………………………………………………… 10 ‐16
Chapter 4
Important Aspects of Procurement............................................................ 17 ‐ 21
Chapter 5
Procurement of Services............................................................................ 22 ‐ 26
Chapter 6
Administration & Management ................................................................. 27
Annexes .....................................................................................................
28‐49
PREFACE
The “Procurement Manual” provides the essential information and brief step‐by‐step procedures
for procurement of goods, works and services. This document is intended to guide the
procurement officials directly involved in the procurement activities. It also intends to help in
understanding the procurement processes and to achieve uniformity in procurement processes
followed under the project. The rights and obligations of the purchaser and the contractor of goods
and works will be governed by the tender documents and by the contracts signed by the purchaser
with the contractor and not by the guidelines stated in this document.
However the Procurement Manual is only a guideline document and the procurement of all goods,
works and services under TEQIP II project will be carried out in accordance with the World Bank’s
"Guidelines: Procurement Under IBRD Loans and IDA Credits" dated May 2004, revised October,
2006 (Procurement Guidelines); and "Guidelines: Selection and Employment of Consultants by
World Bank Borrowers" dated May 2004, revised October, 2006 (Consultancy Guidelines) and the
agreed procedures described in the Legal Agreements. In event of any discrepancies, the World
Bank guideline as stated above will supersede the Procurement Manual.
To achieve the better acceptability of the manual and to understand the difficulties at
stakeholder’s level, draft Procurement Manual was sent to all the Project States and Centrally
Funded Institutions for their comments. A meeting with select representatives from States and
Centrally Funded Institutions was also organized to arrive at common ground and finalize the
“Procurement Manual”.
3
CHAPTER 1
PROJECT TEQIP II
1.1
BACKGROUND OF TEQIP
Technical Education Quality Improvement Programme was envisaged in 2003 as a long‐term programme of
about 10‐12 years duration to be implemented in 3 phases for transformation of the technical education
system with World Bank assistance. As per TEQIP concept and design, each phase is required to be designed
on the basis of lessons learnt from implementation of an earlier phase. TEQIP‐I‫ כ‬started a reform process in
127 Institutions. The reform process needs to be sustained and scaled‐up for embedding gains in the system
and taking the transformation to a higher level. To continue the development activities initiated through
TEQIP‐I, TEQIP‐II is planned as a sequel project.
1.2
TEQIP II GOAL
Project aims to scale up and support ongoing efforts of the GOVERNMENT OF INDIA to improve quality of
technical education and enhance existing capacities of the institutions to become dynamic, demand‐driven,
quality conscious, efficient and forward looking, responsive to rapid economic and technological
developments occurring at the local, state, national and international levels. It has a clear focus on the
objectives to improve the overall quality of existing engineering programmes.
1.3
TEQIP II OBJECTIVES
Project will focus on the following objectives:
•
Strengthening Institutions to produce high quality engineers for better employability
•
Scaling‐up PG education and demand‐driven Research & Development and Innovation
•
Establishing Centers of Excellence for focused applicable research
•
Training of faculty for effective Teaching
•
Enhancing Institutional and System Management effectiveness
1.4
CENTRALLY SPONSORED SCHEME
TEQIP ‐ II will be open for competitive participation by all technical institutions across the country and is
proposed to be implemented as “Centrally Sponsored Scheme” (CSS) with contribution from State
Government in the manner of matching shares.
1.5
1.6
IMPORTANT DETAILS
Name of the Project
: “Technical Education Quality Improvement Programme Phase II (TEQIP ‐ II)”
IDA Credit No.
:
Participating States
:
IMPORTANT DATES
1.
Expenditure Finance Committee (EFC) approval
:
2.
Cabinet approval
:
3.
Signing of Project Agreement with the World Bank
:
4.
Effectiveness of the Project
:
5.
Closing of the Project
:
CHAPTER 2
PROCUREMENT POLICY & VALUE THRESHOLD
2.1
PROCUREMENT POLICY
The procurement policy of TEQIP II is to ensure,
2.2
•
Transparency, fairness and fraud prevention is important to ensure accountability and proper
utilization of funds
•
Equal opportunity ensures that the suppliers/sellers have equal opportunity to compete
•
Economy and Efficiency means that goods and services to be procured at a their true worth
•
Effectiveness means that the goods and services procured will help to achieve project goals & objectives
PROCUREMENT PROCEDURES
The procurement processes typically consist of identification of requirements, developing specifications,
identifying suppliers/ service providers, inviting bids/ proposals, evaluating and awarding contracts, contract
management, receipt and certification of goods/ services, evaluation and closure of contract.
The flow chart given below broadly depicts the essential steps in procurement process,
Establish a purchase committee with the
approval of “BOG”
Individual items or group the items/
services to be purchased in to packages
Prepare a Procurement Plan from CIP with
approval of “BOG”
Review of approved Procurement Plan by
“NPIU/ SPFU”
Publishing of advertisement
Choose a procurement method to
make a purchase
Direct Contracting for
Goods/ Works Sole Source
Shopping for Goods/
Works
Sign Contract (or Purchase
with a signed receipt)
Select a bidder from 3, and
sign a contract or receipt
NCB/ ICB for Goods/
Works
Advertise, select a bidder (or
shortlist) and sign a contract
Implement the agreement
Update Procurement Plan & identify needs
for the next period
5
2.3
PROCUREMENT PLAN
The National Project Implementation Unit (NPIU) & State Project Facilitation Unit (SPFU) will prepare a
procurement plan for the initial 18 months .
Procurement Plan will be part of the Institutional Development Plan. The procurement plan at the institute
level will be development within 3 months of the selection of institute in the program. Annual procurement
plans shall be prepared at the beginning of each year to reflect the actual project implementation needs for
that year and shall be reviewed and agreed by the Bank. The procurement plan will be updated in agreement
with the Bank, as required, to reflect the actual project implementation needs and improvements in
institutional capacity. The changes in finalised Institutional Procurement Plan can be carried out as per the
following arrangements,
(i) Up to 20% changes can be carried out by Institution with appropriate approvals.
(ii) 20% to 50% changes in procurement plan can be carried with prior approval of NPIU.
(iii) More than 50% changes in procurement plan will be referred to the World Bank.
The State Project Facilitation Unit (SPFU) will prepare procurement plan consolidating all individual
institutional procurement plan with SPFU procurement plan. NPIU will also prepare its procurement plan and
make consolidated procurement plan for all Centrally Funded Institutions (CFIs). The procurement plans
should cover goods, equipment, civil works, consultancy services and resource support for the project period
2010‐2014. Format for developing Procurement Plan for Goods/Works/Services is attached as Annex I.
2.4
VALUE THRESHOLD
2.4.1
CIVIL WORKS
Expenditure
Category
Value* (Threshold per contract)
Civil Works
(a)
Procurement Method
Civil Works estimated to cost equal or less
than the equivalent of US$ 30,000 per
contract may be executed by:
i) Fixed Price contract
Shopping
ii) Unit/Piece Rate System through qualified
contractors
Rate Contract (CPWD/ PWD)
1
(b) Civil Works estimated to cost equal or more
than the equivalent of US$ 30,000 per
contract
National
(NCB)
Competitive
(c) Civil Works estimated to cost equal or less
than US $ 1,000 per contract
Direct Contracting
Bidding
2.4.2
GOODS
Expenditure
Category
(a) Equipment
Value* (Threshold per contract)
(i) US $ 20,000 equivalent or less per contract
Procurement Method
Shopping.
#
DGS&D rate contracts can be used
as an option instead of shopping, if
the item is covered under the DGS
& D Rate Contracts and offers value
for money.
However, State Rate Contracts
cannot be treated at par with
Shopping. If State Rate Contract
exists for an item, the same can be
considered as one of the three
quotations to be sought under
Shopping procedure. In such
situation, two more quotations
should be sought and best among
the three should be considered.
(b) Furniture
(ii) Proprietary equipment of US $ 20,000
equivalent or less per contract
Direct Contracting
(iii) Contracts of more than or equivalent to US
$ 20,000 but less than US $ 300,000
equivalent.
1
National Competitive Bidding
(NCB)
(iv) Contracts of equivalent or more than US $
300,000
2
US $ 20,000 equivalent or less per contract
International Competitive Bidding
(ICB) / Limited International Bidding
(LIB)
Shopping.
#
DGS&D rate contracts can be used
as an option instead of shopping, if
the item is covered under the DGS
& D Rate Contracts and offers value
for money.
However, State Rate Contracts
cannot be treated at par with
Shopping. If State Rate Contract
exists for an item, the same can be
considered as one of the three
quotations to be sought under
Shopping procedure. In such
situation, two more quotations
should be sought and best among
the three should be considered.
(c) Books,
Proprietary
Software,
Learning
Resources
and
Educationa
l Materials
US $ 20,000 equivalent or less per contract
Direct Contracting
(d) Minor Items
Minor items like stationery, office supplies cost
to US $ 500 equivalent or less per contract
Direct Contracting
7
2.4.3
SERVICES
Expenditure
Category
Research
contracts,
professional
services,
training,
workshops and
fellowships
Value* (Threshold per contract)
(a) More than US $ 200,000 equivalent per
contract.
Procurement Method
3
Quality and Cost Based Selection
(QCBS).
Would comprise entirely of national
consultants for all contracts below
US$500,000
3
(b) More than US $ 100,000 and up to US $
200,000 equivalent
Quality and Cost Based Selection
(QCBS) Or Selection based on a
Fixed Budget (SFB) Or Selection
Based on Least Cost Basis (LBS)
(c) US $ 100,000 equivalent or less per contract.
3
Selection Based on Least Cost Basis
(LBS) Or Selection based on
Consultant’s Qualification (CQ) Or
Selection based on a Fixed Budget
(SFB)
(d) US $ 2,000 equivalent or less per contract.
3
Selection based Single
Selection (SSS) basis.
Source
Note that for SSS based selection
per day consultation fee limit is
equivalent or less than US $ 100,
beyond which prior approval of
BOG of particular institution is
required.
2.4.4
INCREMENTAL OPERATING COST
Expenditure
Category
Value* (Threshold per contract)
Operation
&
Maintenance
(O&M) Cost
Expenses incurred on maintenance of
equipment, vehicles and buildings, hiring cost of
vehicles and offices, and consumables may be
executed by:
Procurement Method
i) Each package not exceeding US $ 5,000 or
Direct Contracting
ii) On the basis of Shopping
Shopping
All contracts are subjected to prior review as per the following arrangements,
(i) Equivalent or less than US $ 100,000 per contract prior review by the Institutions
(ii) More than US $ 100,000 and up to US $ 200,000 equivalent per contract prior review by SPFU
(iii) More than US $ 200,000 and up to US $ 300,000 equivalent per contract prior review by NPIU
(iv) Above US $ 300,000 prior review by the Bank
10% sample of all contracts issued annually by all implementing entities will be subjected to post review by
Bank staff or appointed consultants. However, all contracts under the Project are subjected to post review by
the Bank.
Prior review of all consultant contracts shall be governed by the provisions of para’s (i), (ii) & (iii) below,
(i) With respect to each contract for the employment of consulting firms estimated to cost the equivalent
of US $ 100,000 or more, the procedures set forth in paragraphs 1,2 & 5 of Appendix 1 to the Guidelines
for Selection and Employment of Consultants by World Bank Borrowers of January 1997, revised
September 1997, January 1999, May 2002 and October 2006 shall apply.
(ii) With respect to each contract for the employment of individual consultants estimated to cost the
equivalent of US $ 50,000 or more, the qualifications, experience, terms of reference and terms of
employment of the consultants shall be furnished to the Association for its prior review and approval.
The contract shall be awarded only after the said approval has been given.
(iii) Terms of Reference for all consultant contracts estimated to cost the equivalent of US $ 20,000 or more
per contract in the case of firms, and the equivalent of US $ 10,000 or more per contract in the case of
individuals shall be furnished to the Association for its prior review and approval. The contract shall be
awarded only after the said approval has been given.
Note:
*
US $ is considered as 1 US $ = INR 50. All value thresholds are exclusive of taxes.
#
DGS&D rate are optional and should be taken as referral case only, DGS&D procedures are not to be
followed.
1
First 2 NCB contracts from the Project irrespective of value should be submitted for prior review by the
Bank. All others by post review. Institutions should follow prior review arrangements agreed between
Institutions, SPFU and NPIU as detailed in Procurement Manual.
2
All ICB/LIB contract by Prior review by the Bank.
3
All ToRs for services should be prior review by the Bank. First 2 Consultancy contracts from the project
will be submitted for prior review by the World Bank. Institutions should follow prior review
arrangements agreed between Institutions, SPFU and NPIU as detailed in Procurement Manual.
9
CHAPTER 3
PROCUREMENT OF GOODS AND CIVIL WORKS
3.1
MODES OF PROCUREMENT
The methods of procurement to be followed for Goods & Civil Works are:
3.1.1
3.1.1
International Competitive Bidding (ICB)
3.1.2
National Competitive Bidding (NCB)
3.1.3
Shopping
3.1.4
Direct Contracting
3.1.5
Rate Contract
3.1.6
Limited International Bidding (LIB)
INTERNATIONAL COMPETITIVE BIDDING (ICB)
This method is generally adopted where supplies cannot be met from indigenous sources and need import,
and/ or foreign firms are expected to participate (irrespective of the value) and bring more competition.
REQUIREMENTS TO BE FOLLOWED
•
Invitation for bids (IFBs) for ICBs shall be published in daily national newspaper with wide circulation all
over the country, at least in one English and one regional language daily.
•
Apart from wide publicity nationally, advertisement of invitation for bids (IFBs) shall be published in
United Nation’s Development Business (UNDB) and dg Market online and project website.
•
Use of standard World Bank Bid Documents.
•
Sale of bid documents should start only after publication of invitation of bids in newspapers and
UNDB/dg Market.
•
Bidding period shall be 45 to 90 days from the start of the sale of the bid documents.
•
Domestic preference shall be allowed to domestic bidders with respect to foreign bidders as mentioned
in the bid documents.
•
Other procedures for ICB will broadly be same as that of open advertised tender in respect of bid
opening, bid evaluation, notification & publishing of award of contract, complaint redressal etc.
It is mandatory that procedures agreed with World Bank be followed for bidding, evaluation or bids,
section, award of contracts and contract management for this method.
•
For further details of procedures for ICB and formats to be used, please visit NPIU website: www.npiu.nic.in
3.1.2
NATIONAL COMPETITIVE BIDDING (NCB)
NCB also known, as Open Tender is the competitive bidding procedure normally used for procurement of
Goods and Civil Works. The procedures shall provide adequate competition among participants in order to
ensure reasonable prices.
The Procurement Steps for NCB broadly consist of the following activities:
STEP I: PREPERATION OF TENDER DOCUMENT
•
The tender documents shall furnish all information necessary for a prospective bidder to prepare a
tender for the goods and/ or works to be provided.
•
The Bid document should invariably contain standard bidding and contract conditions to make it self‐
explanatory. Some of the mandatory requirements in a bid document include‐ Invitation for bids,
Instructions to Bidders, Contract Data including Bill/ Schedule of Quantities (BOQ), General Terms &
Conditions, Award Criteria, Notification of Award, Execution of Contract, Quality Control, Payment
Terms, Taxes and Duties, Completion Certificate, Warranty/ Defect Liability, Drawings, Dispute
Resolution, Arbitration, Force Majeure, etc.
•
Bill/ Schedule of quantities (BOQ) will indicate the description of items to be provided along with
quantities and the phased manner in which the goods/works are required to be delivered or
constructed.
•
Tender documents should state clearly whether the bid prices will be fixed or price adjustments will be
made to reflect any changes in major cost components of the goods/ works.
STEP II: ADVERTISEMENT OF THE TENDER
•
Timely notification of bidding opportunities is essential in competitive bidding. Invitations shall be
published in daily newspapers with wide circulation all over India, at least in one national English and
one regional language daily.
•
The advertisement should also be placed in institutional website.
•
The minimum time given for submission of bids shall be not less than 30 days in case of NCBs.
•
The last date and time of sale and receipt of bid/tender document should be clearly indicated in the
notification/advertisement.
STEP III: ISSUE OF TENDER DOCUMENT
•
Sale of tender documents should begin only after the publication of notification for tender in
newspapers.
•
Tender documents should be made available to all who seek them after paying the requisite fees, if any,
regardless of registration status and they should be allowed to bid. However, the request should be in
writing along with the requisite fee of the tender/ bid, if any. Bidding documents will be sold till one day
prior to the opening of the tenders.
•
Tenders can be sold from different places but the bid/ tenders shall be received at one place only, to
avoid problems arising out of late/delayed tender submission.
•
Tender documents can also be made downloadable from Institute website. However the downloaded
tender documents must be submitted with requisite tender fees in the form of bank DD without which
the tender shall be rejected summarily.
STEP IV: OPENING OF THE TENDERS
•
The time, date and venue for the tender opening shall be mentioned in the IFB and bid documents.
•
Tenders/bids should normally be opened immediately after the deadline of time fixed for submission on
the same day.
•
Tenders shall be opened in public. The bidders or their representatives shall be allowed to be present at
the time of opening of bids.
•
All tenders received should be opened. No bid should be rejected at the time of bid opening except for
late tenders. Late tenders shall be returned to the bidders unopened.
•
The name of the bidder and total amount of each bid along with important conditions like excise duty,
sales tax, delivery terms, delivery period, special conditions and discounts, if any, shall be read out at the
11
time of bid opening. Withdrawal notices and modifications to the tender shall be read out first followed
by the tender of the bidder.
•
Minutes of bid opening must be prepared by bid opening officials and should be signed by all members
present including bidders.
•
Any kind of discounts offered shall be mentioned in the bid opening document clearly.
STEP V: TENDER EVALUATION AND COMPARISION
•
The criteria to be used in the evaluation of tenders and the award of contracts shall be made known to
all bidders and not be applied arbitrarily.
•
The purpose of tender evaluation is to determine substantially responsive tender with the lowest
evaluated cost, but not necessarily the lowest submitted price, which should be recommended for
award.
•
The bid/ tender price read out at the bid opening shall be adjusted at the time of evaluation with
correction for any arithmetical errors for the purpose of evaluation with the concurrence of the bidder/
contractor. Where there is a discrepancy between the rates in figures and in words, the rate in words
will prevail. Where there is a discrepancy between the unit and the line item total resulting from
multiplying the unit rate by the quantity, the unit rate will prevail.
•
The conditional discounts offered by the bidder shall not be taken into account for evaluation. This
however does not apply to cross‐discounts.
•
The purchaser shall prepare a detailed report on the evaluation and comparison of tenders setting forth
the specific reasons on which the recommendation is based for the award of the contract.
STEP VI: AWARD OF CONTRACT
•
Implementing agency shall award the contract within the period to all aspects to the bidders who has
the necessary technical capability and financial resources and whose bid is substantially responsive to
the tender documents and has the lowest evaluated cost.
•
The purchaser can, if so desired depute a team of 3‐4 officers to the premises of manufacturer to whom
the contract is proposed to be awarded, to satisfy itself that the manufacturer has capability to produce
the required quantity and also the necessary quality testing and assurance facilities to meet the required
standards. Based on the report of this Committee, the purchaser may decide to award the contract to
the successful bidder offering the lowest or reasonable price after approval of the appropriate authority.
•
Single bids should also be considered for award, if it is determined that publicity was adequate, bid
specification/ conditions were not restrictive or unclear and bid prices are considered reasonable in
comparison to estimated price.
STEP VII: DISCLOSURE
•
For all procurements, information on pre‐qualification and award of contract would be posted on the
institutional website on quarterly basis.
STEP VIII: LAWS GOVERNING THE CONTRACT
•
The contract is governed by the laws of India in force.
•
The courts of the place from where the acceptance of tender has been issued shall alone have
jurisdiction to decide any dispute arising out of or in respect of the contract.
•
Irrespective of the place of delivery, the place of performance or place of payment under the contract or
the place of issue of advance intimation of acceptance of tender, the contract shall be deemed to have
been made at the place from where the acceptance of the tender has been issued.
STEP IX: COMPLAINT REDRESSAL MECHANISIM
•
In order to deal with the complaints received from the contractors/ suppliers effectively, a complaint
handling mechanism should be available at the Central/ State/ Institutional level, and immediate action
should be initiated on receipt of complaints to redress the grievances.
•
All complaints on receipt should be entered in a register. Within 15 days, these complaints should be
discussed and mentioned in the evaluation report of the tender. If a complaint is received after award of
contract, it should be discussed on the file and put up to the appropriate authority for a decision.
•
All complaints should be handled at a level higher than that of the level at which the procurement
process is being undertaken and the allegations made in the complaints should be enquired into. If
allegations are found correct, appropriate remedial measures should be taken by the higher
administrative authorities.
•
If an individual staff is found responsible, suitable disciplinary proceedings should be initiated, against
such staff under the applicable conduct rules. The existing provisions under the Indian law including the
instructions of Central Vigilance Commission (CVC) should be followed in this regard.
•
An appropriate response should also be sent to the complainant.
STEP X: PROCUREMENT AUDIT
Post review of minimum 20% all the contracts under the Project shall be conducted by the SPFU/ NPIU
coordinators as per the laid down procedures. All documents related to procurement should be filed and
kept systematically and safely. In addition, the World Bank will also have the right to conduct post review of
the contracts. The concerned authorities will be required to make all relevant documentation available to the
World Bank, as and when required.
Review by the WORLD BANK (also applicable to Procurement of Services)
•
It is the Bank’s policy that Borrower’s, as well as bidders, suppliers, and contractors under Bank financed
contracts, observe the highest standard of ethics during the procurement and execution of such
contracts. In pursuance of this policy, the Bank will have the right that a provision be included in bidding
documents and in contracts financed by a Bank loan, requiring bidders, suppliers, and contractors to
permit the Bank to inspect their accounts and records and other documents relating to the bid
submission and contract performance and to have them audited by auditors appointed by the Bank.
•
Contracts which are (i) not subject to prior review by the Bank, and (ii) awarded following these
guidelines will be post reviewed by the Bank.
•
World Bank will carry out post review either by themselves or by selected Consultant up to 10% of all
contracts issued by the concerned institute.
•
The Borrower shall retain all documentation with respect to each contract (excluding contracts subject
to prior review by the Bank) during project implementation and up to two years after the closing date of
the Loan Agreement. This documentation would include, but not be limited to, the signed original of the
contract, the analysis of the respective proposals, and recommendations for award, for examination by
the Bank or its Consultants. The Borrower shall also furnish such documentation to the Bank upon
request.
•
If the Bank determines that the goods, work or services were not procured in accordance with the
agreed procedures, as reflected in the Loan Agreement and further detailed in the Procurement Plan
approved by the Bank or that the contract itself is not consistent with such procedures, it may declare
mis‐procurement as established in the Procurement Guidelines. The Bank shall promptly inform the
Borrower the reasons for such determination.
STEP XI: DOCUMENTATION
Most Purchase Department maintains the following basic records:
•
PURCHASE ORDER LOG ‐ It contains a numerical brief record of all Purchase Orders issued. It contains
Purchase Order nos., supplier’s name, brief description of purchase, total value of the order, status of PO
(Open/ Closed) etc.
•
VENDOR RECORD FILE ‐ contains the names, addresses of suppliers, materials that a vendor can supply,
delivery and quality records.
•
RATE CONTRACT FILE ‐ contains the purchase records of items under a term contract. It is especially
important when the contract is an open one against which orders may be placed.
•
PURCHASE REPORTS ‐ Since the Purchase Department handles a sizable portion of organization
finances; it is desirable to have some summary reports periodically (monthly/ quarterly/ half yearly/
annually) available to the management. Some of important aspects of the report are; (a) Total value of
purchase (b) Allocation of purchase value against major items (c) Budget for purchase for the next year
(d) Proposal for revision of budget in current year
For further details and formats to be used in NCB, please visit NPIU website: www.npiu.nic.in
13
3.1.3
SHOPPING
The following consideration should be kept in view for adopting this procedure:
(1) General:
•
Shopping is a Procurement method based on comparing price quotations obtained from several national
suppliers, usually at least three to ensure competitive prices.
•
Shopping is intended to be a simple and rapid procurement method and is one of the least competitive
procurement methods and may be abused unless it is carried out in compliance with legal agreements
and observing a minimum formality in the process and with appropriate record keeping for verification
and audit.
•
Shopping should not be used as an expedient to by‐pass more competitive methods or fraction large
procurement into smaller ones solely to allow the use of Shopping.
(2) To be used:
To procure small amounts of off‐the‐Shelf goods or Standard Specification Commodities or simple civil works
for which more competitive methods are not justified on the basis of cost or efficiency;
(3) Requirements:
•
Request for quotation shall be written and sent by letter, fax, telex, etc (with proof of receipt and record
keeping) and can also be displayed in the Institute website;
•
The request shall include the description and quantity of the goods as well as the required delivery time
and place for the goods or services, including any installation requirements as appropriate;
•
The request shall indicate the date by which the quotations are needed.
•
Prices for goods supplied from within the country (including previously imported items) are requested to
be quoted ExW (ex‐works, ex‐factory, ex‐warehouse, ex‐showroom or off‐the‐shelf, as applicable)
including all custom and excise duties and sale and other taxes already paid or payable on the raw
materials and components; for goods offered from abroad (i.e., not previously imported) prices are
requested CIF or CIP or DDU basis (in case of large purchases).
•
In case of civil works prices shall be requested inclusive of all taxes and duties payable by the contractor.
•
Requests should be addressed to more than three firms that are reputable, well established and are
suppliers of the goods or services being purchased, as part of their normal business (after verifying
whether those being invited will make an offer or not) to ensure at least three quotations are received;
In case unsolicited quotations are received, they may be accepted after carrying out a similar due
diligence exercise to verify the nature and reputation of firm.
•
Quotation should be submitted in writing i.e., by fax, telex, or letter (copies to be kept for records).
•
No bid securities are required.
•
Normally, requests for quotes should indicate the expected date of submission of quotes with a
minimum of 14 days from the date of issue of request.
•
If the Purchaser has not received at least three quotations within the time set, it should verify with the
suppliers who have not submitted quotation, whether they intend to do so and how soon.
•
Quotation should be compared after adding to the quoted price for goods, the estimated cost of inland
transportation and insurance, if any, to the final destination. The lowest responsive offer is selected.
•
Purchaser may exercise discretion in selecting a quotation that is not the lowest priced as far as there is
good technical justification on the quality of the offered item, suitability of delivery schedule, etc. In
such cases, such requirements should be indicated in the request for quote as well as in the evaluation
note.
•
Award decision and its rationale should be documented/ and kept for review by audit by the Bank (or by
the Bank’s auditors) as needed. The record should contain the list of firms invited, and the list and value
of quotations received, comparative statements etc. The documents should clearly show that the award
is based on sound technical and commercial criteria.
•
Purchase order shall incorporate the terms of accepted offer.
Table below gives the brief of the procedure to be followed for Shopping:
Sl.
No.
What has to be done?
Who should do it?
Description
1.
Identify the items or
the package of items to
be purchased from the
procurement plan.
Purchase Committee
1. Understand the specifications of the item(s) to be
purchased.
2. Lay down terms & conditions and specifications.
3. State Government rate contracts, if any, shall be
treated as one of the three quotations in the
shopping process.
4. DGS&D rate contracts shall be acceptable for
procurement under shopping.
2.
Shop around or call for
all at least 3 quotations
in writing with
signature of supplier.
Quotations could also
be obtained by fax.
An officer authorized
by respective office
head
The requests for quotations shall contain:
1. The description specification and quantity of the
goods.
2. Say that contract shall be for full quantity of each
item.
3. Terms of delivery of goods or description of works.
4. Desired completion period
5. Place of works
6. The price shall be quoted in INR.
7. Each bidder shall submit only one quotation.
8. Quotation shall remain valid for a period not less than
15 days.
9. Terms of payment.
10. Warranty Conditions
3.
Prepare a comparison
sheet to select the
most appropriate
supplier
Purchase Committee
The following steps shall be followed:
1. Evaluate and compare the quotations determined to
be substantially responsive.
2. Write information from the quotations on a
comparison form.
3. Select the most appropriate supplier.
4. Sales Tax in connection of goods shall not be taken in
account.
5. The purchase committee members should sign on the
comparison sheet.
For further details and formats to be used in shopping, please visit NPIU website www.npiu.nic.in
15
3.1.4
SINGLE TENDER/ DIRECT CONTRACTING
The procedure for Direct Contracting may be adopted if any one of the following conditions is met.
(a) The Single Tender system may be adopted in case of articles including equipment/Books, which are
specifically certified as of proprietary in nature, or where only a particular firm is the manufacturer of
the articles demanded or in case of extreme emergency.
(b) The single tender system without competition shall be an appropriate method under the following
circumstances:
3.1.5
•
Extension of existing contracts for works or goods awarded with the prescribed procedures,
justifiable on economic grounds;
•
Standardization of equipment or spare parts to be compatible with existing equipment may justify
additional purchases from the original supplier;
•
The required item is proprietary and obtainable only from one source, and
•
Works are small and scattered or are situated in remote locations where mobilization costs for
contractors would be unreasonably high.
RATE CONTRACT
Rate contracts of Directorate General of Supplies & Disposals (DGS & D) shall also be an appropriate method
for award of contract under limited tender procedure. However DGS&D rates are referral cases only and the
DGS&D procedure of procurement will not be applicable in project.
3.1.6
LIMITED INTERNATIONAL BIDDING
Limited International Bidding (LIB) is essentially ICB by direct invitation without open advertisement. It may
be an appropriate method of procurement where (a) there are only limited numbers of suppliers, or (b)
other exceptional reasons may justify departure from full ICB procedures. Under LIB, borrowers shall seek
bids from a list of potential suppliers broad enough to assure competitive prices, such list to include all
suppliers all over the world. Domestic preference is not applicable in the evaluation of bids under LIB. In all
respects other than advertisement and preferences, ICB procedures shall apply, including the publication of
award of contract in UNDB online and in dgMarket and use of the Banks Standard Bidding documents.
CHAPTER 4
IMPORTANT ASPECTS OF PROCUREMENT
4.1
IMPORTANT ASPECTS OF SHOPPING TO REMEMBER
Important Aspects
Brief Description
Advertisement
No need for advertisement in newspapers, however the advertisement can be
displayed in the Institution website.
Minimum
Quotations
3 quotations.
Time for Bid
Submission
Not less than 2 weeks.
Negotiation
There should not be any negotiations either for price or terms & conditions of the
tender submitted with suppliers.
Validity of Tender
1.
Bidders shall be required to submit tender valid for the period specified in the
tender documents.
2.
Generally 30 to 40 days for Shopping.
Earnest Money/
Not required.
Bid Security
Examination of
Tenders
1.
2.
Terms & Methods of
Payment
4.2
The Procurement Authorities entrusted with evaluation of tenders shall ascertain
whether the tenders:
¾
Meet the eligibility requirements specified;
¾
Have been properly signed;
¾
Are valid for the period specified in the tender document;
¾
Are substantially responsive (commercially and technically) to the tender
documents; and
¾
Are otherwise generally in order.
If the bidder meets the above stipulations indicated in the bid documents, it is
determined as substantially responsive and is considered further for evaluation.
Payment terms should be 90% payment after delivery to the consignee and balance
10% after acceptance of the goods or in accordance with the practices applicable to the
specific goods and works.
IMPORTANT ASPECTS OF NCB/ICB TO REMEMBER
Important Aspects
Standards &
Technical
Specifications
Brief Description
1.
The bid documents shall include generally accepted standards of technical
specifications.
2.
Unbiased technical specification shall be prepared with no mention of brand
names and catalogue numbers by a committee of experts associating the trade
representative, if required.
3.
The functional performance, design, quality, packaging and additional
requirements should be clearly spelt out in the specifications.
4.
The specifications should be generic and should not appear to favour a particular
brand or supplier.
5.
Preparation of technical specifications, bill of quantities and civil drawings must be
completed before tendering. Specifications for the items to be procured should be
drawn up in every case with clarity.
6.
No deviations from the specifications after opening of tender should be allowed.
17
Advertisement
1.
Invitation shall be published in at least in one national English daily and one
regional language daily for NCB.
2.
In case of ICB’s also publish in the “United Nation’s Development Business
(UNDB)” and dgMarket online and forward to embassies and trade
representatives of countries of likely suppliers of goods and also who have
expressed interest in response to the General Procurement Notice (GPN)
3.
The advertisement should also be placed at the project website.
Time for Submission
of Bids
1.
Not less than 4 weeks for NCB.
2.
Not less than 6 to 8 weeks for ICB.
Earnest Money/
1.
Earnest Money (bid security) to be deposited by the bidders shall be a specified
amount for each packing/ schedule/ item as indicated in the bid document.
2.
It shall normally be 2‐5% of the estimated cost of the goods or 1% of the estimated
cost of work rounded off to the nearest figure in rupees.
3.
The earnest money shall be in the form of a demand draft/ banker’s cheque/ bank
guarantee from a scheduled bank preferably having a branch at the place where
tenders are to be submitted, which should be valid up to 45 days beyond the
validity period of the tender.
4.
Fixed Deposit Receipts endorsed in favour of purchaser shall also be acceptable.
5.
The earnest money of unsuccessful bidders shall be refunded soon after the final
acceptance of tenders.
6.
The earnest money shall be forfeited in the event of withdrawal of the tender
within the original validity once submitted or in case a successful bidder fails to
provide the performance security and fails to execute necessary agreement within
the period specified or for submitting false, incorrect or misleading information.
1.
Tender documents for works and goods shall require performance security in an
amount sufficient to protect the implementing agency in case of breach of contract
by the contractor/supplier.
2.
This shall be in the form of a bank guarantee or any other specified instrument and
amount should be specified in the tender document.
3.
The amount of performance security shall normally be 5% for goods/ works, of
contract price (valid till 28 days after the date of expiry of defect liability period or
the guarantee/ warranty period as the case may be).
4.
The performance security deposit shall be refunded within one month of the
completion of supply of goods/ works or after the expiry of defects liability/
guarantee/ warranty period (as mentioned above).
5.
The performance security deposit may be forfeited in case any terms and
conditions of the contract are infringed or the bidder fails to make complete
supply satisfactorily or complete the work within the delivery/completion period
agreed in the contract without prejudice to the purchaser’s right to take further
remedial actions in terms of the contract and bidding documents which formed
part of the contract.
1.
In contracts for works, normally 5% of contract price shall be recovered as
retention money.
2.
50% of such retention money shall be repaid to the Contractor on completion of
the whole of the works and balance 50% shall be repaid after the expiry of the
defects liability period on certification by the Engineer that all defects notified to
the contractor before the end of the period have been corrected.
1.
A pre‐bid conference (date/venue to be indicated in the IFB published in
newspapers and bid document) may be arranged wherein potential bidders may
meet with the representatives of the implementing authority to seek clarifications
on the tender documents.
2.
Copy of minutes of the pre‐bid conference should be furnished to the bidders who
had already purchased the bid documents and also supplied along with the bid
document sold to the parties purchasing the document subsequent to the pre‐bid
Bid Security
Performance
Security Deposit
Retention Money
Pre‐Bid Conference
conference.
Examination of
Tenders
1. The Procurement Authorities entrusted with evaluation of tenders shall ascertain
whether the tenders:
2.
•
Meet the eligibility requirements specified;
•
Have been properly signed;
•
Are accompanied by the required earnest money and valid for the period
specified in the tender document;
•
Have quoted for the entire schedule/ packing and are in the required currency
as indicated in the bid documents;
•
Have proper Manufacturer’s Authorisation letter
•
Are substantially responsive (commercially and technically) to the tender
documents; and
•
Have the technical and financial capability as per specified tender evaluation
criteria to successfully execute the contract. For ensuring financial capacity a
minimum turnover requirement should be indicated in bid document.
•
Are otherwise generally in order.
If the bidder meets the above stipulations indicated in the bid documents, it is
determined as substantially responsive and is considered further for evaluation.
3. Historical data in relation to the tender like annual reports, turn over details, etc, if
not received along with the bidder, can be requested from the bidder after
opening of bids and should be submitted within a reasonable time span (say 7‐10
working days).
Post‐Qualification of
Bidders
1. In case the pre‐qualification of the bidders has been carried out, and the tenders
have been issued to the pre‐qualified bidders, the tenders shall be recommended
for award on the basis of being lowest substantially responsive bids.
2. If bidders have not been pre‐qualified, the implementing agency shall determine
whether the bidder whose bid has been determined to offer the lowest evaluated
cost has the technical capability and financial resources to effectively carry out the
contract as offered in the bid.
3. The criteria to be met shall be set out in the tender documents, and if the bidder
does not meet them, the bid shall be rejected.
4. In such an event, the implementing agency shall make a similar determination for
the next‐lowest evaluated bidder and so on.
Validity of Tender
Validity Extension of
Tenders
Rejection of All
Tenders
1.
Bidders shall be required to submit tender valid for the period specified in the
tender documents.
2.
Normally, in case of NCB/ ICB, the bid validity period shall not exceed 90 days after
the date of bid opening.
1.
As far as possible contract should be finalized within the original validity of the
offers mentioned in the tender document.
2.
An extension of bid validity, if justified by exceptional circumstances with the
approval of next higher authority, shall be requested in writing from all bidders (of
valid tenders only) before the expiry date.
3.
Bidders shall have the right to refuse to grant such an extension without forfeiting
their Earnest Money, but those who are willing to extend the validity of their bid
shall also be required to provide a suitable extension of Earnest Money as
specified in the tender document.
4.
Prior concurrence of the Bank would be obtained if (i) for the first request for
extension if it is longer than four weeks; and (ii) for all subsequent requests for
extension irrespective of the period (such concurrence will be considered by Bank
only in cases of Force Majeure and circumstances beyond the control of the
Purchaser/ Employer).
1.
Tender documents usually provide that implementing agency may reject all
tenders.
19
Repeat Orders
(Goods/ Equipment)
Extension of
Contract
2.
Rejection of all tenders is justified when none of the tenders are substantially
responsive. However, lack of competition shall not be determined solely on the
basis of the number of bidders.
3.
If all tenders are rejected, the implementing agency shall review the causes
justifying the rejection and consider making revisions to the conditions of contract,
design and specifications, scope of the contract, or a combination of these, before
inviting new tenders.
4.
If the rejection of all tenders is due to lack of competition, wider advertising shall
be considered. If the rejection is due to most or all of the tenders being non‐
responsive, new tenders may be invited.
5.
Rejection of all tenders and re‐inviting new tenders, irrespective of value shall be
referred to the next higher authority for approval than the authority that
approved the issue of tender or to the head of the unit. Before re‐inviting tenders
the specifications may be reviewed for revision, if any.
6.
Rejection of tenders (ICB/ NCB), irrespective of the value, will require World
Bank’s approval.
1.
Quantities in contracts awarded may be increased up to 15% of the quantity
originally ordered by repeat orders after recording reasons, provided that such
orders shall be given before the date of the expiry of last supply and also subject to
the condition that prices have since not reduced and purchases were required on
urgency basis.
2.
If the threshold of 15% is exceeded, prior concurrence of the Bank shall be
obtained.
1.
Contracts under NCB method may be increased/ decreased up to 15% of the
quantity originally ordered by amending the order/ contract after recording
reasons, provided that such orders shall be given before the date of contractual
completion and also subjected that works were required on urgent basis.
2.
The variation in requirement shall be appropriately indicated in the bid document.
3.
It should be justifiable on economic grounds/ without change in costs.
1.
Rebidding shall not be carried out without the prior concurrence of the Bank.
2.
The system of rejecting the bids falling outside a pre‐determined margin or
bracket of prices shall not be used.
(Works)
Rebidding
Negotiation
There should not be any negotiations either for price or terms and conditions of the
tender submitted.
Confidentiality
After the public opening of tenders, information relating to the examination,
clarification, and evaluation of tenders and recommendations concerning awards shall
not be disclosed to bidders or other persons not officially concerned with this process
until the successful bidder is notified of the award of the contract.
Terms & Methods of
Payment
Payment terms for ICB and NCB are provided in the bidding documents and should be
followed as it is.
Liquidated Damages
1. Provisions for liquidated damages shall be included in the conditions of contract
for the delay in the delivery of goods or completion of works.
2. In the case of goods, the liquidated damages shall be calculated at the rate of 0.5%
per week of delay to maximum of 5% of the contract value.
3. In the case of works, the liquidated damages will be calculated at 0.05% of the
contract price per day, subject to a ceiling of 10% of the contract price and shall be
levied by way of pre‐estimated damages and not by way of penalty.
Fraud & Corruption
The borrowers (including beneficiaries of Bank loans), as well as Bidders, Suppliers,
Contractors, and Consultants under Bank‐financed contracts shall observe the highest
standard of ethics during the procurement and execution of such contracts. In pursuit
of this policy, the Bank:
(a) defines, for the purposes of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, giving, receiving, or soliciting, directly
or indirectly, of anything of value to influence the action of a public official in
the procurement process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order
to influence a procurement process or the execution of a contract;
(iii) “collusive practice” means a scheme or arrangement between two or more
Bidders, with or without the knowledge of the borrower, designed to
establish bid prices at artificial, non competitive levels; and
(iv) “coercive practice” means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the
procurement process or affect the execution of a contract;
(v) “obstructive practice” is :
¾
deliberately destroying, falsifying, altering or concealing of evidence
material to the investigation or making false statements to investigators
in order to materially impede a Bank investigation into allegations of a
corrupt, fraudulent, coercive or collusive practice; and threatening,
harassing or intimidating any party to prevent it from disclosing its
knowledge of matters relevant to the investigation or from pursuing the
investigation; and
¾
acts intended to materially impede the exercise of the Bank’s inspection
and audit rights provided for under sub‐paragraph (e) below.
(b) will reject a proposal for award if it determines that the Bidder recommended for
award has, directly or through an agent, engaged in corrupt, fraudulent, collusive
or coercive practices in competing for the Contract in question;
(c) will cancel the portion of the loan allocated to a contract if it determines at any
time that representatives of the Borrower or of a beneficiary of the loan engaged
in corrupt, fraudulent, collusive or coercive practices during the procurement or
the execution of that contract, without the Borrower having taken timely and
appropriate action satisfactory to the Bank to remedy the situation;
(d) will sanction a firm or individual, including declaring them ineligible, either
indefinitely or for a stated period of time, to be awarded a Bank‐financed contract
if it at any time determines that they have, directly or through an agent, engaged,
in corrupt, fraudulent, collusive or coercive practices in competing for, or in
executing, a Bank‐financed contract; and
(e) will have the right to require that a provision be included in Bidding Documents
and in contracts financed by a Bank loan, requiring Bidders, Suppliers, Contractors
and Consultants to permit the Bank to inspect their accounts and records and
other documents relating to the bid submission and contract performance and to
have them audited by auditors appointed by the Bank.
21
CHAPTER 5
PROCUREMENT OF SERVICES
Definition of services includes training, workshops, research and studies, hiring of procurement agents, hiring
of consultants and other similar contracting.
5.1
METHODS FOR PROCUREMENT OF SERVICES
1. Quality and Cost Based Selection (QCBS)
2. Quality Based Selection (QBS)
3. Fixed Budget Selection (FBS)
4. Least Cost Method (LCS)
5. Consultant Qualification Based Selection (CQS)
6. Single Source Selection (SSS)
5.2
QUALITY AND COST BASED SELECTION (QCBS)
QCBS uses a competitive process among shortlisted firms that takes into account the quality of the
proposals and the cost of the services in the selection of the successful firm. The relative weight to
be given to the quality and cost shall be determined for each case depending on the nature of the
assignment. The selection process shall include the following steps,
1.
Preparation of the Terms of Reference (ToR)
2.
Preparation of cost estimate and the budget
3.
Advertisement for Expression of Interest (EOI)
(to be used when the purchaser has no knowledge about the firms who could take up the assignment)
4.
Evaluation of EOI to shortlist six firms
5.
Preparation and issue of Request for Proposal (RFP) to short listed firms
6.
Receipt of proposals
7.
Opening and Evaluation of technical proposals
8.
Public opening of financial proposals of firms technically qualified
9.
Combined evaluation of technical and financial proposals
10. Negotiations and award of the contract to the selected firm
5.2.1
PREPARATION OF THE TERMS OF REFERENCE (TOR)
The Terms of Reference developed will include:
1.
A precise statement of objectives
2.
An outline of the tasks to be carried out
3.
A schedule for completion of tasks
4.
The support/inputs provided by the client
5.
The final outputs that will be required of the Consultant
6.
Composition of Review Committee (not more than three members) to monitor the Consultant’s works
7.
Review of the Progress Reports required from Consultant
8. Review of the final draft report
9.
5.2.2
List of key positions whose CV and experience would be evaluated.
PREPARATION OF COST ESTIMATE
The Cost Estimates or Budget should be based on the assessment of the resources needed to carry out the
assignment, staff time, logistical support, and physical inputs (for example, vehicles, office space and
equipment). Costs shall be divided in two broad categories, a) Fee or remuneration & b) Reimbursable costs.
5.2.3
ADVERTISEMENT
Advertisement is issued in widely published newspapers to obtain expression of interest for the contract. In
addition, contracts expected to cost more than US$ 200,000 shall be advertised in UNDB online and in
dgMarket.
5.2.4
EVALUATION AND SHORTLISTING
If the assignment has been advertised and expressions of interest received, EOIs shall be evaluated to
shortlist six firms. The short listing of six firms must be based on the eligibility criteria’s defined in ToR and
the short list shall not include Individual Consultanst. In contracts below US$ 500,000 equivalent, shortlist
may comprise national consultants only. Govt owned enterprises can be considered for award of consultancy
assignment provided they are otherwise eligible as per the Bank’s guidelines.
5.2.5
PREPARATION AND ISSUANCE OF THE REQUEST FOR PROPOSALS (RFP)
The RFP shall include,
1. Letter of Invitation (LOI)
2. Instructions to Consultants (ITC) with Data Sheet
3. Technical Proposal ‐ Standard Forms
4. Financial proposals ‐ Standard Form
5. Terms of Reference (ToR)
6. Standard Forms of contract
5.2.6
RECEIPT OF PROPOSALS
The time allowed for submission of proposal shall depend on the assignment, but normally shall
not be less than four weeks or more than three months. The firms may request clarifications about
the information provided in the RFP. The clarifications must be given in writing and copy to all the
firms. The technical and financial proposals shall be submitted at the same time but in different
sealed envelopes. The technical proposals shall be opened immediately by the committee, after
the closing time for submission of proposals. The financial proposals shall remain sealed until
opened publicly. Any proposals received after the closing time shall be returned unopened.
5.2.7
EVALUATION OF PROPOSALS
The evaluation of the proposals will be in two stages first quality and then cost. Financial proposals
shall be opened only after completing the technical evaluation and no objection from Bank.
The total score shall be obtained by weighing the quality and cost scores and adding them. The
weight for the cost shall be chosen, taking into account the complexity of the assignment and the
relative importance of quality. The weight for cost shall normally be 20 points out of a total score
of 100. The proposed weightings for quality and cost shall be specified in the RFP. The firm
obtaining highest total score shall be invited for the negotiations.
5.2.8
NEGOTIATIONS AND AWARD OF CONTRACT
1. Negotiations shall include discussions of the TOR, the methodology, staffing, client’s inputs,
and special conditions of the contract. These discussions shall not substantially alter the
original TOR or the terms of the contract, lest the quality of the final product, its cost, and the
relevance of the initial evaluation be affected. Major reductions in work inputs should not be
made solely to meet the budget. The final TOR and the agreed methodology shall be
incorporated in “Description of Services,” which shall form part of the contract.
2. The selected firm should not be allowed to substitute key staff, unless both parties agree. If
this is not the case, the firm may be disqualified and the process continued with the next
ranked firm. The key staff proposed for substitution shall have qualifications equal to or better
than the key staff initially proposed.
3. Financial negotiations shall include clarification of the consultants’ tax liability and how this tax
liability has been or would be reflected in the contract. As Lump‐Sum Contracts payments are
23
based on delivery of outputs (or products), the offered price shall include all costs (staff time,
overhead, travel, hotel, etc.). Consequently, if the selection method for a Lump‐sum contract
included price as a component, this price shall not be negotiated. In the case of Time‐based
Contracts, payment is based on inputs (staff time and reimbursables) and the offered price
shall include staff rates and an estimation of the amount of reimbursables. When the selection
method includes price as a component, negotiations of staff rates should not take place,
except in special circumstances, like for example, staff rates offered are much higher than
typically charged rates by consultants for similar contracts. Consequently, the prohibition of
negotiation does not preclude the right of the client to ask for clarifications, and, if fees are
very high, to ask for change of fees, after due consultation with the Bank. Reimbursables are to
be paid on actual expenses incurred at cost upon presentation of receipts and therefore are
not subject to negotiations. However, if the client wants to define ceilings for unit prices of
certain reimbursables (like travel or hotel rates), they should indicate the maximum levels of
those rates in the RFP or define a per diem in the RFP.
4. If the negotiations fail to result in an acceptable contract, the client shall terminate the
negotiations and invite the next ranked firm for negotiations. The Bank shall be consulted prior
to taking this step.
5.3
5.3.1
5.3.2
Quality‐Based Selection (QBS)
QBS is appropriate for the following types of assignments:
(a) complex or highly specialized assignments for which it is difficult to define precise TOR and
the required input from the consultants.
(b) assignments that have a high downstream impact and in which the objective is to have the
best experts.
(c) assignments that can be carried out in substantially different ways, such that proposals will
not be comparable.
In QBS, the RFP may request submission of a technical proposal only (without the financial
proposal), or request submission of both technical and financial proposals at the same time, but in
separate envelopes (two‐envelope system).
If technical proposals alone were invited, after evaluating the technical proposals using the same
methodology as in QCBS, the Borrower shall ask the consultant with the highest ranked technical
proposal to submit a detailed financial proposal. The Borrower and the consultant shall then
negotiate the financial proposal, including remuneration and other expenses and the contract. All
other aspects of the selection process shall be identical to those of QCBS.
5.4
SELECTION UNDER A FIXED BUDGET (FBS)
This method is appropriate only when the assignment is simple and can be precisely defined and
when the budget is fixed. The RFP shall indicate the available budget and request the consultants
to provide their best technical and financial proposals in separate envelopes, within the budget.
Evaluation of all technical proposals shall be carried out first as in the QCBS method. Then the price
proposals shall be opened in public and prices shall be read out aloud. Proposals that exceed the
indicated budget shall be rejected. The Consultant who has submitted the highest ranked technical
proposal among the rest shall be selected and invited to negotiate a contract.
5.5
LEAST‐COST SELECTION (LCS)
This method is only appropriate for selecting consultants for assignments of a standard or routine
nature (audits, engineering design of noncomplex works, and so forth) where well‐established
practices and standards exist. Under this method, a “minimum” qualifying mark for the “quality” is
established. Proposals, to be submitted in two envelopes, are invited from a short list. Technical
proposals are opened first and evaluated. Those securing less than the minimum qualifying mark
are rejected, and the financial proposals of the rest are opened in public. The firm with the lowest
price shall then be selected.
5.6
SELECTION BASED ON THE CONSULTANTS’ QUALIFICATIONS (CQS)
This method may be used for small assignments for which the need for preparing and evaluating
competitive proposals is not justified. In such cases, prepare the TOR, request expressions of
interest and information on the consultants’ experience and competence relevant to the
assignment, establish a short list, and select the firm with the most appropriate qualifications and
references. The selected firm shall be asked to submit a combined technical‐financial proposal and
then be invited to negotiate the contract.
5.7
SINGLE‐SOURCE SELECTION (SSS)
Single‐source selection of consultants does not provide the benefits of competition in regard to
quality and cost, lacks transparency in selection, and could encourage unacceptable practices.
Therefore, single‐source selection shall be used only in exceptional cases.
Single‐source selection may be appropriate only if it presents a clear advantage over competition:
(a) for tasks that represent a natural continuation of previous work carried out by the firm (see
next paragraph), (b) in emergency cases, such as in response to disasters and for consulting
services required during the period of time immediately following the emergency, (c) for very small
assignments, or (d) when only one firm is qualified or has experience of exceptional worth for the
assignment.
When continuity for downstream work is essential, the initial RFP shall outline this prospect, and, if
practical, the factors used for the selection of the consultant shall take the likelihood of
continuation into account. Continuity in the technical approach, experience acquired, and
continued professional liability of the same consultant may make continuation with the initial
consultant preferable to a new competition subject to satisfactory performance in the initial
assignment. For such downstream assignments, the client shall ask the initially selected consultant
to prepare technical and financial proposals on the basis of TOR furnished by the client, which shall
then be negotiated.
If the initial assignment was not awarded on a competitive basis or was awarded under tied
financing or if the downstream assignment is substantially larger in value, a competitive process
acceptable to the Bank shall normally be followed in which the consultant carrying out the initial
work is not excluded from consideration if it expresses interest. The Bank will consider exceptions
to this rule only under special circumstances and only when a new competitive process is not
practicable.
5.7.1
5.7.3
5.7.4
5.8
5.8.1
5.8.2
SELECTION OF INDIVIDUAL CONSULTANTS
Individual consultants are employed on assignments for which (a) teams of personnel are not required, (b)
no additional outside (home office) professional support is required, and (c) the experience and
qualifications of the individual are the paramount requirement. When coordination, administration, or
collective responsibility may become difficult because of the number of individuals, it would be advisable to
employ a firm.
Individual consultants are selected on the basis of their qualifications for the assignment. Advertisement is
not required and consultants do not need to submit proposals. Consultants shall be selected through
comparison of qualifications of at least three candidates among those who have expressed interest in the
assignment or have been approached directly. Individuals considered for comparison of qualifications shall
meet the minimum relevant qualifications.
Individual consultants may be selected on a sole‐source basis with due justification in exceptional cases such
as: (a) tasks that are a continuation of previous work that the consultant has carried out and for which the
consultant was selected competitively; (b) assignments with total expected duration of less than six months;
(c) emergency situations resulting from natural disasters; and (d) when the individual is the only consultant
qualified for the assignment.
5.9
TYPES OF CONTRACTS
5.9.1
Lump Sum Contract: Lump sum contracts are used mainly for assignments in which the content and the
duration of the services and the required output of the consultants are clearly defined. Payments are linked
to outputs (deliverables), such as reports, drawings, bills of quantities, bidding documents, and software
25
5.9.2
programs. Lump sum contracts are easy to administer because payments are due on clearly specified
outputs.
Time‐Based Contract: This type of contract is appropriate when it is difficult to define the scope and the
length of services, either because the services are related to activities by others for which the completion
period may vary, or because the input of the consultants required to attain the objectives of the assignment
is difficult to assess. This type of contract is widely used for complex studies, supervision of construction,
advisory services, and most training assignments. Payments are based on agreed hourly, daily, weekly, or
monthly rates for staff (who are normally named in the contract) and on reimbursable items using actual
expenses and/or agreed unit prices. The rates for staff include salary, social costs, overhead, fee (or profit),
and, where appropriate, special allowances. This type of contract shall include a maximum amount of total
payments to be made to the consultants. This ceiling amount should include a contingency allowance for
unforeseen work and duration, and provision for price adjustments, where appropriate. Time‐based
contracts need to be closely monitored and administered by the client to ensure that the assignment is
progressing satisfactorily and that payments claimed by the consultants are appropriate.
For various formats to be used for procurement of services, please visit NPIU website: www.npiu.nic.in
CHAPTER 6
PROCUREMENT ADMINISTRATION AND MANAGEMENT
6.1
NATIONAL PROJECT IMPLEMENTATION UNIT (NPIU)
The national unit will be responsible for the overall procurement activities under project and to ensure
compliance with procurement guidelines and procedures agreed upon with the Bank. Its key activities include:
2.
•
Guide and monitor the procurement activities under project
•
Prior review and clear, short lists, RFPs and technical and commercial evaluation reports of all goods, works
and services planned by institutions valued between $200,000 to $300,000 per transaction within 7 days of
receipt
•
Undertake/ commission and manage yearly post review of at least 10% of contracts issued by Institutions/
State on rotational basis to ensure 100% coverage of all States by the end of the project
•
Training classes of 2/3 days duration shall also be organized on yearly basis. All officials of TEQIP shall be
asked to compulsorily attend this course
STATE PROJECT IMPLEMENTATION UNIT (SPFU)
At the State level, the role of SPFU will have one Procurement Coordinator to guide and quality control the
process in participating institutions. The specific roles of the Coordinator will be as under:
3.
•
Consolidate the annual procurement plan for State.
•
Train the institutional staff in procurement with due diligence. Build the procurement capacity at all levels.
•
Guide and monitor the process of procurement.
•
Prior review and clear, short lists, RFPs and technical and commercial evaluation reports of all goods, works
and services planned by institutions valued between $100,000 to $200,000 per transaction within 7 days of
receipt
•
Undertake yearly post review of at least 20% of contracts issued in the State institution by institution on
rotation basis in such a way to ensure 100% coverage of all Institutions by the end of the Project.
•
Act as the intermediary between NPIU procurement section and institutions
INSTITUTION PROJECT MONITORING UNIT (IPMU)
The head of the institution shall set up a Procurement Committee consisting of at least 7 members drawn
from faculty and administrative sections (i.e. 4 Faculty members of the rank of Professors/Assistant
Professors and 3 administrative members i.e. Registrar, Accounts officer & Stores Officer). Institutions should
also have the technical evaluation committees of particular departments to ensure user level participation
and better evaluation. After evaluating the proposals, technical evaluation committees will forward it to the
institutional procurement committee. Also, the institution must ensure the consistency in the procurement
committee. Similar number of alternate members also should be identified to attend the meeting when a
regular member is not available. Following are the key responsibilities of a Purchase Committee at
Institutional level:
•
Prepare an annual procurement plan
•
Obtain approval from BOG
•
Identify procurement needs for reasonable time durations
•
Approve what to buy and when to buy
•
Group similar expenditure items into relevant/convenient package(s)
•
Carry out the procurement steps defined in this manual
•
Full purchase committee should be present for bid opening meeting.
•
Review Comparisons and recommend submissions as appropriate to the head of institution, and
•
Verify procurement records annually.
27
ANNEXES
Annex‐I
Procurement Plan Format (For Goods – Materials, Equipments)
Item description with
Specification
(What to buy?)
Pick
individual
items OR do
packaging
of
similar items and
write them in
this column.
Period for
which
needed
Quantity
(How many
to buy?)
From where to buy?
Identify, from
where
this
package
or
item is most
likely to be
bought
and
write them in
this column.
Estimated
Cost
Which procurement
method will be used?
Write
the
procurement
method
planned to be
used
and
write them in
this column.
29
Annex‐II
Procurement Plan Format (For Consultants–Individuals/ Firms)
What type of
service is needed
Period for
which
needed
Needed for how
many days?
Type of Agency
(Individual or firm)
Estimated
Cost
Which procurement
method will
be used?
Annex‐III
INVITATION FOR QUOTATIONS FOR SUPPLY OF GOODS
UNDER SHOPPING PROCEDURES
Ref. No.________________
Dated______________
To
___________________________________
___________________________________
___________________________________
___________________________________
Dear Sirs,
Sub:
INVITATION FOR QUOTATIONS FOR SUPPLY OF ______________________________________
1.
You are invited to submit your most competitive quotation for the following goods:
Brief
Description
of the Goods
Specifications*
Quantity
Delivery Period
Place of
Delivery
Installation
Requirement if any
*Where ISI certification marked goods are available in market, procurement should generally be limited to
goods with those or equivalent marking only.
2.
Government of India has received a credit from the International Development Association (IDA) in various
currencies equivalent to US$ ___________ towards the cost of the ______________________ Project and
intends to apply part of the proceeds of this credit to eligible payments under the contract for which this
invitation for quotations is issued.
3.
Bid Price
a) The contract shall be for the full quantity as described above. Corrections, if any, shall be made by
crossing out, initialing, dating and re writing.
b) All duties, taxes and other levies payable by the contractor under the contract shall be included in the
total price.
c) The rates quoted by the bidder shall be fixed for the duration of the contract and shall not be subject to
adjustment on any account.
d) The Prices should be quoted in Indian Rupees only.
4.
Each bidder shall submit only one quotation.
5.
Validity of Quotation
Quotation shall remain valid for a period not less than 15 days after the deadline date specified for
submission.
6.
Evaluation of Quotations
The Purchaser will evaluate and compare the quotations determined to be substantially responsive i.e. which
(a) are properly signed ; and
(b) conform to the terms and conditions, and specifications.
The Quotations would be evaluated for all the item together/would be evaluated separately for each item.
[Select one of the options].
7.
Award of contract
31
The Purchaser will award the contract to the bidder whose quotation has been determined to be
substantially responsive and who has offered the lowest evaluated quotation price.
7.1
7.2
Notwithstanding the above, the Purchaser reserves the right to accept or reject any quotations and to cancel
the bidding process and reject all quotations at any time prior to the award of contract.
The bidder whose bid is accepted will be notified of the award of contract by the Purchaser prior to
expiration of the quotation validity period. The terms of the accepted offer shall be incorporated in the
purchase order.
8.
Payment shall be made immediately after delivery of the goods.
9.
Normal commercial warranty/ guarantee shall be applicable to the supplied goods.
10.
You are requested to provide your offer latest by …….hours on............... (date).
11.
We look forward to receiving your quotations and thank you for your interest in this project.
(Purchaser)
Name: .....................................
Address: .....................................
.....................................
Tel. No. .....................................
Fax No. .....................................
Annex‐IV
FORMAT FOR QUOTATION* SUBMISSION
(In letterhead of the supplier with seal)
Date:_______________
To:
____________________________
____________________________
____________________________
____________________________
Sl. No.
Description of goods
(with full Specifications)
Qty.
Unit
Quoted Unit rate in
Rs.
Total Amount
In figures
In words
Gross Total cost: Rs. ________________
We agree to supply the above goods in accordance with the technical specifications for a total contract price of Rs. —
——————— (Amount in figures) (Rupees ————————amount in words) within the period specified in the
Invitation for Quotations.
We also confirm that the normal commercial warranty/ guarantee of ——————— months shall apply to the
offered goods.
We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in
bribery.
Signature of Supplier
Name: __________________
Contact No.______________
*Applicable while the bids are being invited for more than one item and would be evaluated for all the items
together. Modify where evaluation would be made for each item separately.
33
Annex‐V
FORMAT FOR OPENING OF BIDS/ QUOTATION
File No. ___________
Date& Time of Quotation Opening______________________
Bid Issued for ______________________________________________________________________
Bid issued on_______________________________________________________________________
S/No.
Name and address of the bidder
Total Price in Rupees
It is certified that the above details were called out publicly in our presence:
S/No.
Name of the representative
Agency
Signature
Designation
Signature
Signatures of Purchase Committee Members (all 7 members)
S/No.
Name of Officers
Minutes of the meeting (questions/clarification sought by the agency and the clarification given)
Signature
(Chairperson Name)
Date:
Signature
(Member Name)
Date:
Signature
(Member Name)
Date:
Annex‐VI
FORMAT FOR COMPARISON OF QUOTATIONS
Name of firm
Quotation No.
& Date
Name of Item/s and
(Price quoted)
Rate
Remark
(Additional
Information)
Decision
(Selected/Rejected with Reason)
1
2
3
4
5
Item A
Item B
Price A
Price B
A seller can be rejected
based on several reasons.
Some of them are given
below:
The information
provided in the
quotation is incomplete;
The supplier cannot
deliver the supplies in
the time required;
The supplier does not
have the capacity to
deliver;
The quoted price is high;
The guarantees are not
available (if applicable);
The supplier can not
provide after sales
support (if applicable).
Signature of
Member 1
Signature of
Member 2
Signature of
Member 3
(Signature of Purchase committee members)
35
Annex – VII
FORMAT FOR GOODS RECEIVED NOTE/ RECEIPT
Received with thanks from __________________ on dated _________ the following items.
DATE OF SUPPLY
DESCRIPTION
QUANTITY
UNIT PRICE
Total
GOODS HAVE BEEN CERTIFIED AS CORRECT RECEIPTS.
Name of receiving Officer…………………
Signature…………………….
Date………………..
Certified by……………………………….
Signature…………………….
Date………………..
VALUE
Annex ‐ VIII
INVITATION FOR QUOTATIONS FOR CONSTRUCTION OF CIVIL WORKS
UNDER SHOPPING PROCEDURE
To
___________________________________
___________________________________
___________________________________
___________________________________
Dear Sirs,
Sub:
1.
INVITATION FOR QUOTATIONS FOR CONSTRUCTION OF
_____________________________________________
You are invited to submit your most competitive quotation for the following works:
Brief Description of the Works
Approximate value of Works
Period of Completion
(Rs.)
2.
Government of India has received a credit from the International Development Association (IDA) in various
currencies equivalent to US$ ___________ towards the cost of the ______________________ Project and
intends to apply part of the proceeds of this credit to eligible payments under the contract for which this
invitation for quotations is issued.
31.
The _______________ Project in __________________ state is being implemented by ____________, which
is an autonomous society registered under the Societies Registration Act.
4.
To assist you in the preparation of your quotation, we are enclosing the following:
i.
Layout Drawings of the works;
ii.
Structural Details;
iii. Detailed Bill of Quantities, with estimated rates and prices;
iv. Technical Specifications;
v.
Instructions to Bidders (in two sections).
vi. Draft Contract Agreement format, which will be used for finalizing the agreement for this Contract.
5.
You are requested to provide your offer latest by............................................ hrs. on.......................
6.
Quotations will be opened in the presence of Bidders or their representatives who choose to attend at
____________AM/ PM on ____________________ in the office of __________________________.
7.
We look forward to receiving your quotations and thank you for your interest in this project.
Name:
Address:
Tel. No:
Fax No.
1
(Employer)
_____________________
_____________________
_____________________
_____________________
_____________________
Delete if inapplicable
37
Annex‐IX
INSTRUCTIONS TO BIDDERS
SECTION ‐ A
1.
Scope of Works
The ____________ (Employer) invites quotations for the construction of works as detailed in the table given
below
Brief Description
of the Works
Approximate value
of Works (Rs.)
Period of Completion
The successful bidder will be expected to complete the works by the intended completion date specified
above.
2.
Qualification of the bidder
The bidder shall provide qualification information which shall include:
(a) Total monetary value of construction works performed for each year of the last 3 years:
(b) Income tax clearance certificate from the concerned IT circle;
(c) Report on his financial standing; and
(d) Details of any litigation, current or during the last 3 years in which the bidder is involved, the parties
concerned and disputed amount in each case.
3.
To qualify for award of the contract the bidder:
(a) should have satisfactorily completed as a prime contractor at least one similar work of value not less
than Rs. 500,000 in the last three years;
(b) should possess valid electrical license for executing building electrification works (in the event of the
works being sub ‐ contracted, the sub‐contractor should have the necessary license);
(c) should possess required valid license for executing the water supply/sanitary works (in the event of the
works being sub‐contracted, the sub‐contractor should have the necessary license);
4.
Bid Price
a) The contract shall be for the whole works as described in the Bill of quantities, drawings and technical
specifications. Corrections, if any, shall be made by crossing out, initialing, dating and re writing.
b) All duties, taxes and other levies payable by the contractor under the contract shall be included in the
total price.
c)
The rates quoted by the bidder shall be fixed for the duration of the contract and shall not be subject to
adjustment on any account.
d) The rates should be quoted in Indian Rupees only.
5.
Submission of Quotations
5.1
The bidder is advised to visit the site of works at his own expense and obtain all information that may be
necessary for preparing the quotation.
5.2
Each bidder shall submit only one quotation.
5.3
The quotation submitted by the bidder shall comprise the following:‐
(a) Quotation in the format given in Section B.
(b) Signed Bill of Quantities; and
(c) Qualification information form given in Section B duly completed.
5.4
5.5
The bidder shall seal the quotation in an envelope addressed to the......................................... (Purchaser).
The envelope will also bear the following identification:
•
Quotation for ___________________ (Name of the Contract)
•
Do not open before ___________ (time and date of quotation opening).
Quotations must be received in the office of the ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ (Employer) not later than the time and
date given in the letter of invitation. If the specified date is declared a holiday, quotations shall be received
upto the appointed time on the next working day.
Any quotation received by the...................... (Employer) after the deadline for submission of quotations will
be rejected and returned unopened to the bidder.
6.
Validity of Quotation
Quotation shall remain valid for a period not less than 45 days after the deadline date specified for
submission.
7.
Opening of Quotations
Quotations will be opened in the presence of bidders or their representatives who choose to attend on the
date and time and at the place specified in the letter of invitation.
8.
Information relating to evaluation of quotations and recommendations for the award of contract shall not be
disclosed to bidders or any other persons not officially concerned with the process until the award to the
successful bidder is announced.
9.
Evaluation of Quotations
The Employer will evaluate and compare the quotations determined to be substantially responsive i.e. which
(a) meet the qualification criteria specified in clause 3 above;
(b) are properly signed ; and
(c) conform to the terms and conditions, specifications and drawings without material deviations.
10.
Award of contract
The Employer will award the contract to the bidder whose quotation has been determined to be
substantially responsive and who has offered the lowest evaluated quotation price and who meets the
specified qualification criteria.
10.1
Notwithstanding the above, the Employer reserves the right to accept or reject any quotations and to cancel
the bidding process and reject all quotations at any time prior to the award of contract.
10.2
The bidder whose bid is accepted will be notified of the award of contract by the Employer prior to
expiration of the quotation validity period.
11.
Performance Security
Within 15 days of receiving letter of acceptance, the successful bidder shall deliver to the.................
(Employer) the performance security (either a bank guarantee or a bank draft in favour of the Employer) for
an amount equivalent of 3 % of the contract price. The Performance Security shall be valid till the expiry of
the period of maintenance of the work, specified in clause 12.
12.
Period of Maintenance
The “Period of Maintenance” for the work is six months from the date of taking over possession or one full
monsoon season whichever occurs later. During the period of maintenance, the contractor will be
responsible for rectifying any defects in construction free of cost to the Employer.
13.
Purchase of all construction materials including cement and steel as per the specifications (ISI
certification marked goods wherever available) shall be the responsibility of the contractor.
39
SECTION ‐ B
I. FORMAT FOR QUALIFICATION INFORMATION
1
For Individual Bidders
1.1
Principal place of business: ______________________________
Power of attorney of the signatory of Quotation. [Attach copy]
1.2
1.3
Total value of Civil Engineering construction work performed in the last three years (in Rs. Lakhs)
20___
____________________
20___
____________________
20___
____________________
Work performed as prime contractor (in the same name) on works of a similar nature over the last three years.
Project
Name
Name of
Employer
Descrip‐
tion of
work
Contract
No.
Value of
contract
(Rs. Lakhs)
Date of
issue of
work
order
Stipulated
period of
comple‐
tion
Actual
date of
comple‐
tion
Remarks explaining
reasons for delay
and work
completed
Existing commitments and on‐going works:
Description
of Work
Place &
State
Contract
No. & Date
Value of
Contract
(Rs. Lakh)
Stipulated
period of
completion
Value of works*
remaining to be
completed
(Rs. Lakhs)
Anticipated
date of
completion
*Enclose a certificate from Engineer concerned.
1.4
Proposed subcontracts and firms involved.
Sections of the
works
Value of Sub‐contract
Sub‐contractor (name
& address)
Experience in similar
work
1.5
Evidence of access to financial resources to meet the requirements of working capital: cash in hand, lines of
credit, etc. List them below and attach copies of support documents.
1.6
Name, address, and telephone, telex, fax numbers of the Bidders’ bankers who may provide references if
contacted by the Employer.
1.7
Information on litigation history in which the Bidder is involved.
Other party
(ies)
Employer
Cause of dispute
Amount
involved
Remarks showing
present status
II. FORMAT FOR SUBMISSION OF QUOTATION
* Description of the Works:
To:
Subject : Construction of....................................................................
.............................................................................................
Reference
: Letter No....................................dated......................from...................
Sir,
We offer to execute the Works described in your letter referred to above in accordance with the Conditions of
Contract enclosed therewith at ......... percentage above / below the estimated rates, i.e., for a total Contract Price of
Rs.** _________________________________________________ [in figures]
Rs. _________________________________________________ [in words].
This quotation and your written acceptance of it shall constitute a binding contract between us. We understand that
you are not bound to accept the lowest or any quotation you receive.
We hereby certify that we have taken steps to ensure that no person acting for us or on our behalf will engage in
bribery.
We hereby confirm that this quotation is valid for 45 days as required in Clause 6 of the Instructions to Bidders.
Yours faithfully,
Authorized Signature:
Date:
Name & Title of Signatory
: _____________________________________________
Name of Bidder
: _____________________________________________
Address
: _____________________________________________
*
To be filled in by the Employer before issue of the Letter of Invitation.
**
To be filled in by the Bidder, together with his particulars and date of submission at the bottom of this Form.
41
III. FORMAT FOR LETTER OF ACCEPTANCE CUM NOTICE TO PROCEED WITH THE WORK
(ON LETTERHEAD OF THE EMPLOYER)
Dated: __________
[Name and address of the Contractor]
To:
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
Dear Sirs,
This is to notify you that your Quotation dated ____________________ for execution of the
_____________________________________________________________ for the contract price of Rupees
__________________________________________ [amount in words and figures], is hereby accepted by us.
You are hereby requested to furnish performance security for an amount of Rs. ____________________ (equivalent
to 3% of the contract price) within 15 days of the receipt of the letter. The Performance Security in the form of Bank
guarantee or a Bank draft in favour of__________________ (Employer) shall be valid till the expiry of the period of
maintenance i.e. upto ______________________. Failure to furnish the Performance Security will entail cancellation
of the award of contract.
You are also requested to sign the agreement form and proceed with the work not later than
____________________________ under the instructions of the Engineer, ____________________________ and
ensure its completion within the contract period.
With the issuance of this acceptance letter and your furnishing the Performance Security, contract for the
above said work stands concluded.
Yours faithfully,
Authorized Signature
Name and title of Signatory
Annex‐X
DRAFT AGREEMENT FORM FOR CONSTRUCTION THROUGH SHOPPING
ARTICLES OF AGREEMENT
This deed of agreement is made in the form of agreement on ___ day ___ month ___ 20 __, between the
_____________ (Employer) or his authorized representative (hereinafter referred to as the first party) and
____________ (Name of the Contractor), s/o __________ resident of ________ (hereinafter referred to as
the second party), to execute the work of construction of _________ (hereinafter referred to as works) on
the following terms and conditions.
2.
Cost of the Contract
The total cost of works (hereinafter referred to as the “total cost”) is Rs. ___ as reflected in Annex ‐ A.
3.1
Payments under its contract:
Payments to the second party for the construction work will be released by the first party in the following
manner:
On signing of agreement
:
25% of total cost
On reaching plinth level (first stage)
:
25% of the total cost
On reaching lintel level (second stage)
:
25% of the total cost
On reaching roof level (third stage)
:
15% of the total cost
Plastering and completion of whole work (fourth stage)
:
10% of the total cost
(The above has been drafted for construction of school buildings; modify this suitably for other works)
3.2
Payments at each stage will be made by the first party:
(a) on the second party submitting an invoice for an equivalent amount ;
(b) on certification of the invoice (except for the first installment) by the engineer nominated by the first
party with respect to quality of works in the format in Annex ‐ B; and
(c) upon proper and justified utilization of at least 50 % of the previous installment and 100 % of any prior
installment.
4.
Notice by Contractor to Engineer
The second party, on the works reaching each stage of construction, issue a notice to the first party or the
Engineer nominated by the first party (who is responsible for supervising the contractor, administering the
contract, certifying the payments due to the contractor, issuing and valuing variations to the contract,
awarding extensions of time etc.), to visit the site for certification of stage completion. Within 15 days of the
receipt of such notice, the first party or the engineer nominated by it, will ensure issue of stage completion
certificate after due verification.
5.
Completion time
The works should be completed in _____ (months/weeks/days) from the date of this Agreement. In
exceptional circumstances, the time period stated in this clause may be extended in writing by mutual
consent of both the parties.
6.
If any of the compensation events mentioned below would prevent the work being completed by the
intended completion date, the first party will decide on the intended completion date being extended by a
suitable period:
a) The first party does not give access to the site or a part thereof by the agreed period.
b) The first party orders a delay or does not issue completed drawings, specifications or instructions for
execution of the work on time.
c)
Ground conditions are substantially more adverse than could reasonably have been assumed before
issue of letter of acceptance and from information provided to second party or from visual inspection of
the site.
d) Payments due to the second party are delayed without reason.
e) Certification for stage completion of the work is delayed unreasonably.
43
7.
Any willful delay on the part of the second party in completing the construction within the stipulated period
will render him liable to pay liquidated damages. @ Rs. *___ per day which will be deducted from payments
due to him. The first party may cancel the contract and take recourse to such other action as deemed
appropriate once the total amount of liquidated damages exceeds 2 % of the contract amount.
(Note: The amount of liquidated damages per day should be determined at 0.05 % of the contract value of
the works and indicated here).
8.
8.1
Duties and responsibilities of the first party
The first party shall be responsible for providing regular and frequent supervision and guidance to the second
party for carrying out the works as per specifications. This will include written guidelines and regular site visit
of the authorized personnel of the first party, for checking quality of material and construction to ensure that
it is as per the norms.
8.2
The first party shall supply 3 sets of drawings, specifications and guidelines to the second party for the
proposed works.
8.3
Possession of the site will be handed over to the second party within 10 days of signing of the agreement.
8.4
The Engineer or such other person as may be authorized by the first party shall hold meeting once in a
month where the second party or his representative at site will submit the latest information including
progress report and difficulties if any, in the execution of the work. The whole team may jointly inspect the
site on a particular day to take stock of activities.
8.5
The Engineer shall record his observations/instructions at the time of his site visit in a site register
maintained by the second party. The second party will carry out the instructions and promptly rectify any
deviations pointed out by the engineer. If the deviations are not rectified, within the time specified in the
Engineer’s notice, the first party as well as the engineer nominated by it, may instruct stoppage or
suspension of the construction. It shall thereupon be open to the first party or the engineer to have the
deviations rectified at the cost of the second party.
9.
9.1
Duties and responsibilities of the second party
The second party shall:
a) take up the works and arrange for its completion within the time period stipulated in clause 5
b) employ suitable skilled persons to carry out the works
c)
regularly supervise and monitor the progress of work
d) abide by the technical suggestions/ direction of supervisory personnel including engineers etc. regarding
building construction
e) be responsible for bringing any discrepancy to the notice of the representative of the first party and seek
necessary clarification
f)
ensure that the work is carried out in accordance with specifications, drawings and within the total of
the contract amount without any cost escalation
g)
keep the first party informed about the progress of work
h) be responsible for all security and watch and ward arrangements at site till handing over of the building
to the first party,
i)
j)
10.
maintain necessary insurance against loss of materials/cash, etc. or workman disability compensation
claims of the personnel deployed on the works as well as third party claims.
pay all duties, taxes and other levies payable by construction agencies as per law under the contract
(First party will effect deduction from running bills in respect of such taxes as may be imposed under the
law).
Variations / Extra Items
The works shall be carried out by the second party in accordance with the approved drawings and
specifications. However, if, on account of site conditions or any other factors, variations are considered
necessary, the following procedure shall be followed:
a) The second party shall provide the Engineer with a quotation for carrying out the Variation when
requested to do so by the Engineer. The Engineer shall assess the quotation, which shall be given within
seven days of the request before the Variation is ordered.
b) If the quotation given by the second party is unreasonable, the Engineer may order the Variation and
make a change to the Contract Price which shall be based on Engineer’s own forecast of the effects of
the Variation on the Contractor’s costs.
c)
The second party shall not be entitled to additional payment for costs which could have been avoided by
giving early warning.
11.
Securities
The Performance Security shall be provided to the Employer no later than the date specified in the Letter of
Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the Employer.
The Performance Security shall be valid until a date 28 days from the date of issue of the Certificate of
Completion in the case of a Bank Guarantee.
12.
12.1
Termination
The Employer may terminate the Contract if the other party causes a fundamental breach of the Contract.
12.2
Fundamental breaches of Contract include, but shall not be limited to the following:
(a) the contractor stops work for 28 days and the stoppage has not been authorized by the Engineer;
(b) the Contractor has become bankrupt or goes into liquidation other than for a reconstruction or
amalgamation;
(c) the Engineer gives Notice that failure to correct a particular Defect is a fundamental breach of Contract
and the Contractor fails to correct it within a reasonable period of time determined by the Engineer;
(d) the Contractor does not maintain a security which is required;
12.3
Notwithstanding the above, the Employer may terminate the Contract for convenience.
12.4
If the Contract is terminated the Contractor shall stop work immediately, make the Site safe and secure and
leave the Site as soon as reasonably possible.
13.
13.1
Payment upon Termination
If the Contract is terminated because of a fundamental breach of Contract by the Contractor, the Engineer
shall issue a certificate for the value of the work done less advance payments received up to the date of the
issue of the certificate, less other recoveries due in terms of the contract, less taxes due to be deducted at
source as per applicable law.
13.2
If the Contract is terminated at the Employer’s convenience, the Engineer shall issue a certificate for the
value of the work done, the reasonable cost of removal of Equipment, repatriation of the Contractor’s
personnel employed solely on the Works, and the Contractor’s costs of protecting and securing the Works
and less advance payments received up to the date of the certificate, less other recoveries due in terms of
the contract and less taxes due to be deducted at source as per applicable law.
14.
Dispute settlement
If over the works, any dispute arises between the two parties, relating to any aspects of this Agreement, the
parties shall first attempt to settle the dispute through mutual and amicable consultation.
In the event of agreement not being reached, the matter will be referred for arbitration by a Sole Arbitrator
not below the level of retired Superintending Engineer, PWD to be appointed by the first party. The
Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The decision of
the Arbitrator shall be final and binding on both the parties.
45
Annex‐XI
FORMAT FOR BILL OF QUANTITIES
Sl.
No.
Description of
Work
Qty.
Unit
Estimated Cost
(Rs.)
In figure
In Words
Amount
Gross Total Cost: Rs...........................
We agree to execute the works in accordance with the approved drawings and technical specifications at ............
percentage above/ below the estimated rates, i.e., for a total contract price of Rs............ (Amount in figures)
(Rs............ amount in words).
Signature of Contractor
Annex‐XII
FORMAT OF CERTIFICATE
Certified that the works up to ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ level in respect of construction of ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ at ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ have been executed in accordance with the approved drawing and
technical specifications.
Signature
Name & Designation
(Official address)
Office seal
Place:
Date:
47
Annex – XIII
MIS Reports to be submitted by IPMU undertaking Procurement under TEQIP II Project
Contract Monitoring Reporting
(To be submitted on a Quarterly Basis)
Sl
No
Contract/
Reference
No. and
Date
Brief
Descrip
tion of
Procure
ment
Category
Goods/
Works/
Services/
Consultants/
Others
Method of
Procurement
Estima
ted
Cost
(US$)
Date
of
Issuing
EoIs
Date of
Issuing
Invitation
Date of
Receiving
Quotations
/ Bids/
Proposals
No of
Bidders
Respond
ed
No. of
Bidders
Found Fully
Responsive
Contract
Award
Date
Contract
Value
US$
Rs
Contract
Completion date
As per
Contract
Name of
Contractor/
Consultant
Actual
1
Please use the abbreviations: W = Works, G=Goods, Services=S, Consulting Firms=CF, Individual Consultants=IC, Other=OT (and please specify);
2
Please use the abbreviations: ICB, NCB, IS (for International Shopping), NS (for National Shopping), SS (for Single Source), DC, QCBS, QBS, LCS, FBS, CQS, OT (for other & please specify)
3
Quarterly reports should be submitted by the IPMU to the SPFU on the contract awarded.
Remarks